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[262]

If Mr. Hay had desired to write “History” and not simply to make a book suggesting “historical riddles,” he could easily have ascertained regarding the matter by writing a simple note either to Major Carey, who is an honored citizen of Richmond, Va., or to his associates bearing that flag, or to myself. If he had put the question to me I should have answered: “A poor thing, sir, but mine own.” If he had inquired of Major Carey, that gentleman would have answered that “contraband” was the ground upon which I refused to release Mallory's slaves and that we then discussed the whole question together.

Mr. Hay, read this:--

Dear Sir:--I have received, through a friend, your request to furnish a detailed statement of the facts in regard to the introduction of the term “contraband,” as applied to the slave population of the United States, about the beginning of our Civil War; and as my recollection is very distinct, I give it for whatever it may be worth to you as to the truth of history.

The term was employed by you at a conference held between us, on the Hampton side of Mill Creek Bridge, on the evening of May 24, 1861, the day after Virginia had voted on the ordinance of secession, but before the ratification (though anticipated) was definitely known. I was then in command, at Hampton, of four volunteer companies of about two hundred men (one of them artillery without guns), very poorly equipped, and almost entirely without ammunition, who had never been in camp, and who dispersed to their homes in the town and neighborhood every night; and you were in command of the United States troops (said to be about ten thousand) at Fortress Monroe. As there were no Virginia troops at that time between Hampton and Richmond (a distance of ninety-six miles), ;save three companies of infantry at Yorktown, and two companies, perhaps, organizing at Williamsburg, and as it was thus evidently important for us to “preserve the peace,” I had instructions from General Lee, then commander-in-chief of the Virginia troops, to avoid giving any provocation for the commencement of hostilities; to retire before your advance, if attempted; and to obstruct, as far as possible, your progress by burning bridges and felling trees across the public roads, until reinforcements could be sent to Yorktown. At night, after the election (May 23), Col. C. K. Mallory, of the One Hundred and Fifteenth Virginia Militia (with other citizens), called at my headquarters, and asked me to take some steps for


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